Tax collected at the stage of detention can be claimed as GST refund if excess tax is paid in regular returns


Last updated: 25 March 2025
Quick Summary
The Madras High Court has ruled that if tax was paid at the detention stage under Section 129 of the CGST Act, and subsequently excess tax was paid in regular GST returns (Form GSTR-3B), the taxpayer is entitled to claim a refund for that excess amount. The court dismissed petitions challenging a circular that had caused confusion, clarifying that tax should not be levied twice.

Court :
Madras High Court

Brief :
The Hon'ble Madras High Court in M/s Chetna Steel Tubes (P.) Ltd. v. Goods and Service Tax Network (GSTN), New Delhi [Writ Petition Nos. 19976 & 19977 of 2021 dated August 08, 2024] dismissed the writ petitions challenging a circular that directed tax liability creation under Section 129 of the Central Goods and Services Tax Act, 2017 ("the CGST Act") and held that tax collected at the detention stage can be claimed as a refund if excess tax is paid in regular returns.

Citation :
Writ Petition Nos. 19976 & 19977 of 2021 dated August 08, 2024

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Bimal Jain
Published in GST
Views : 140
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